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Florida Timeshare Division

Friday’s Letter from America

In this weeks Letter from America we welcome another new contributor, Robin Law, with a “Buyer Beware Warning” about Bluegreen. This is a story that is not unfamiliar with us at Inside Timeshare, the only difference is the name of the developer.

But first we issue a warning about another company that is cold calling owners in Europe, we have been informed by a UK resident and Diamond member who received a call from this company, Claim Your Claim.

In the call our reader was informed that since Apollo had taken over Diamond, there were only four resorts that they could go to in the whole of Europe!

Now that is very strange, according to the Diamond website they have many more than that, I can personally name at least a dozen.

Our reader was also informed about how they were mis-sold their timeshare and had a valid claim, which this company could help and retrieve their money back! Sounds great, until you start to look at this company.

Their website https://claimyourclaim.com shows no company registration or any other details apart from the address and telephone number on the contact page:

Calle San Francisco Javier, 22d, 38001 Santa Cruz de Tenerife, Spain (which is an aprtment block).

Tel: 0845 621 3233

https://www.google.es/maps/place/Calle+San+Francisco+Javier,+22,+38001+Santa+Cruz+de+Tenerife/@28.4709569,-16.2494615,3a,60y,45.65h,109.17t/data=!3m6!1e1!3m4!1s9YYai_iGjgQcg65WwTBsNg!2e0!7i13312!8i6656!4m5!3m4!1s0xc41cb7e58580589:0x9e73f0cfdf824dfe!8m2!3d28.4709875!4d-16.2493926

The Home page gives very little information apart from they are “Specialists” in “Claiming your Claim”, “Peace of Mind” and “Customer Care”.

In the Services section they have four categories, Financial Management, which tells about claiming, Holidays, showing three hotels at rather high prices, Deals, which are low cost resorts and Other Services such as airline tickets, car hire and places to visit.

The About Us section is rather interesting, they state Claim Your Claim work alongside a company formed in 2003 as a subsidiary of an Anglo/Polish Travel Agency based in Krakow Poland. They “boast” 7 offices in the Canary Islands, with their main operation based in Santa Cruz de Tenerife.

Under the heading Our Clients they give the following statement:

Claim your Claim and its associated companies are proud to announce as of 31.12.2017 their customer base exceeded the 70,000 mark, 86% of all their bookings made between 01.01.2013 – 31.12.2017 were for holidays to the Canary Islands, 89% of these were to Tenerife.

Well nothing there about “Claims”, just a load of figures for “Holidays”.

They also give the “Locations” of their offices:

Krakow, Poland, Santa Cruz De Tenerife, Mogan, Gran Canaria, Arrecife, Lanzarote, Tazacorte, La Palma.

They also show several “Client Reviews”, this is just one of them, copied and pasted direct from their website:

John Burton

South Sheilds

Wednesday, 20 December, 2017

Thank You

Excellent job Claim Your Claim just received the £20,642 This happened within 60 days as promised from meeting consultant to money paid into our account.

Very well done and many thanks

Not bad is it, from seeing the consultant to getting back over £20,000 all in “60 DAYS”, miracle workers or what!

The only other problem is the website was only registered on 18 January 2018, yet all the client reviews are dated well before that date. So can you actually believe these reviews?

The owner of the website is also hidden by privacy protection, so this along with no company registration numbers, either Spanish, UK or Polish, leaves us in no doubt that this outfit are not what they say they are. A typical “SCAM!”

Now for this weeks Letter from America

A Bluegreen Timeshare Buyer Beware Warning

By Robin Law

May 4, 2018

I believe the timeshare industry has been riddled with deceit, commonplace since before Social Media, but Social Media now allows those who feel they have been defrauded to share experiences. We believe what happened to us, purchasing Bluegreen vacation points, meets the FBI definition of white collar crime, “deceit concealment, violation of trust and bait and switch.” We check all of the above.

We live and bought in Florida where regulators seem to be in partnership with the timeshare industry, dismissing timeshare buyers who feel they have been preyed upon with, “You should not have relied on verbal representations.” The NY, TN, MO, AZ, and CO Attorneys General have launched timeshare investigations that resulted in settlements.  

We will file a complaint with the Florida Attorney General’s office, but according to Social Media reports, the Florida AG will respond in support of the timeshare developer. Below is the response from the Florida Timeshare Division to one timeshare owner.

Timeshare developers are required to provide full and meaningful disclosures to purchasers in the documents they are required to deliver to them including the public offering statement, sales contract, and all supplemental documents at the point of sale.  A document called “Acknowledgment of Representations” or “Purchaser’s Understanding” or a similar document provides the disclosures which each purchaser initials and signs at the time of purchase and it contains all the relevant information about the timeshare product.  A developer heavily relies on these documents to refute any claims by a purchaser regarding the alleged misrepresentations.  Therefore, in light of these written documents, it is very difficult to prove the allegations raised in the complaint.  

We have reached out to Inside Timeshare and will reach out to other Florida media outlets because the public needs to be warned, to not to believe anything a timeshare sales agent says. Florida probably sells more timeshare products than any other state, yet seems to offer the least enforcement. The last Florida investigation I could find was a Bluegreen investigation in 2012

http://www.myfloridalegal.com/EC_Edoc.nsf/0/1702C8F78E74E8B285257B0B005747D2/$file/Bluegreen+Corp.pdf

Before I share our Bluegreen experience, I found the following results for Bluegreen as reported by Consumer Affairs and the Better Business Bureau. Clearly, we are not alone in our grievance. Bluegreen seems to never admit a problem with sales agent deception, yet there are a flood of complaints to be found on the internet. In comparison, there are few Disney Vacation Club complaints.

Bluegreen Consumer Affairs Score 1 ½ stars out of 5

https://www.consumeraffairs.com/travel/bluegreen.html

Better Business Bureau Rating C+

129 customer review

12 Positive

4 Neutral

113 Negative

807 Complaints

2.48 out of 5 Stars based on reviews

https://www.bbb.org/south-east-florida/business-reviews/vacation-clubs/bluegreen-vacations-unlimited-in-boca-raton-fl-8195/reviews-and-complaints

4/18/18 a recent Better Business Bureau complaint

This company offers falsehoods and half-truths. We have sunk thousands of dollars into this company, and are repeatedly told that nothing is available at the places or times that we want to utilize our points at one of their resorts. However, if you use Travelocity.com, or other vacation booking websites, the places they claim are not available, are available. We have been told we could sell back our deed at any time. When we contacted the company to do just that, because we are tired for paying for something that is never available, we were told that is not an option. We have been told we can use our points to pay for maintenance fees. When we tried to do that, we were told there is a minimum point requirement to do that, and we did not have enough. We have had nothing but problems and lies from this company. They continue to try and solicit you to purchase more points, yet fail to meet simple requests. In over two years, and thousands of dollars invested, we have been able to use our points one time, and it wasn’t even where we wanted to. We had to settle for what was “available.” The room we had was in a horrible spot (at the back of the resort, with a view of other buildings and parking lots, and noise and filth from construction), and when I asked to move to a different room, was told no other rooms were available, even though I walked by rooms that stood vacant during our entire stay. Guess they had to keep those available to sell on Travelocity. Why make it available to an “owner?” I would never recommend this company to anyone. They care about nothing but lining their pockets. They have zero concern for the happiness of their customer, and are unwilling to make even the smallest accommodations.

Comments

Comment from the Business:

Dear Ms. *** Thank you for taking the time to share your experience! We sincerely apologize to hear of all the difficulties you have experienced in getting on vacation using your ownership, as well as for any misunderstanding surrounding the resale process or use of other benefits. We would be more than happy to help address any of these concerns! So that we can assist you, please send an email to ***@bluegreenvacations.com referencing your BBB review, and making sure to include the names, phone number, and email address associated with your Bluegreen account. We look forward to assisting you further! ~Bluegreen Customer Care

by Business on Apr. 19, 2018

Bluegreen has a long history of consumer complaints

On April 5, 2013, Bluegreen Corporation responded to BBB’s concerns. Bluegreen Corporation does not believe they fail to grant cancellations and refunds where they are factually and legally appropriate. Bluegreen states their company does provide timely cancellations and refunds to those consumers who properly rescind their timeshare purchases within the rescission period. Occasionally, a consumer does not follow the properly prescribed cancellation method contained in the timeshare sales documents. Nevertheless, once the appropriate business area within Bluegreen becomes aware of the request, even when not properly given by the consumer, diligent efforts are made to process the cancellation and refund as promptly as possible. With respect to the purchase of a vacation package, such purchases are accompanied by details of participation which advise a purchaser how to cancel their vacation package and the amount of time they have to do so. Also, in some instances, the consumer may have purchased the vacation package from a third party provider or vendor, and not directly from Bluegreen Corporation.

BBB reviewed this company’s complaints again on July 12, 2013, again on December 11, 2015, and again on August 18, 2016 and found that the pattern of complaints identified by BBB continues.

BBB reviewed this company’s complaints again on September 5, 2017 and found that the issues regarding the cancellation policy have decreased. However, the issues regarding high pressure sales practices, availability, and refund issues still exist.

BBB will continue to monitor the complaint activity of the company and update the Business Review as needed.

Our Bluegreen complaint

My husband and I work long hours in very high demanding jobs. We cannot discuss personal matters during work hours, which made it virtually impossible to talk to anyone at Bluegreen about our dispute. I work as a project assistant at a large engineering firm, and my husband works as a project manager for a general contracting firm in Florida. I cannot take personal calls during the day.   

Bluegreen customer care agent Kimberly arranged to speak with us after hours. The first telephone appointment was arranged, but Kimberly did not call or otherwise notify us that she was unable to make the scheduled call. We felt Bluegreen did not care and that we were not important, but we feel considerable attention is placed on selling points and collecting money not paid. Kimberly eventually contacted me again by email, but just advised that the actions of the Bluegreen agents we experienced are not the way Bluegreen sells. She refused to consider a refund or cancellation. I requested to speak to a manager and was put in touch with Autumn Fechner. All Ms. Fechner offered was a one-time day use pass for Tradewinds, which was in essence, no response.  

The deception we experienced:

We bought 10,000 every other year points at Tradewinds July 7, 2012 in St. Petersburg

Our purchase price:  $13,150

Loan 1: Amount Financed: $11,456 @ 16.99%

We were told Bluegreen would be purchasing the land next door by the end of 2013. They told us that if we purchased Bluegreen points we would have day use privileges because Bluegreen was buying Tradewinds. Since we live not far from Tradewinds, this sounded like the perfect vacation plan. We were told we could use bonus points to rent rooms for $69 or $79, not needing to use our Bluegreen points.  When I tried to book around August 2012 there was no availability. I was told I must have been mistaken about the day use privilege and bonus time privilege when I contacted customer services. There was no mistake. My husband was with me. We know what we were told.

We can’t even read the signature of the sales agent on our contract. The sales agent said they were not allowed to give out personal business cards, which is odd. A sales agent is not allowed to give out business cards?

Tradewinds gave me the name of Barret Shank, Director of Field Administration, Bluegreen Tradewinds Preview Center I. I contacted Mr. Shank via email.  Mr. Shank emailed in response saying Tradewinds is not available for bonus points, only for $99 for promotional purposes. He also said day use is only listed on the back of our charter for very specific places, but not Tradewinds.

We were baited and switched.  Nothing the sales agent advised was correct or ethical.  Timeshare sales deceit and bait and switch is supported by the response of Mr. Shank, and all others involved in the sale and customer care follow up, in response to our complaint. In my opinion, timeshare point sales are a minefield of deceit waiting to happen.

We bought a second time at Tradewinds November 29, 2013. It took a year to find availability for this stay. We were told we had to do an update because the program we purchased one year earlier in 2012 was worthless. We did not want additional points, but attended and purchased fearing what we had purchased was worthless.

We purchased 10,000 additional every other year points November 29, 2013

Purchase price: $10,950

Loan 2: Amount financed $9326.17

I kept saying through the entire sales pitch, we did not want two loans. The sales agent said to complete this sale and then we could combine both loans through Bluegreen.  She said we would just need to call the mortgage department after the sale was completed. When I called the Bluegreen mortgage division as advised, I was told I must have misunderstood because they could not combine the two sales.

I was advised to go to my bank or credit union because they would know how to refinance and that Bluegreen has dealt with multiple customers who refinance because Bluegreen is property. Bluegreen is a right to use product that has nothing to do with real estate. The company should not assume all Bluegreen buyers will be able to refinance. My bank said timeshare is not considered real estate and could not be refinanced. We were stuck with two loans at a high interest rate and what we were told was a real estate investment is not considered property. Bluegreen also told us we owned deeded property. Bluegreen points sold today are not deeded and a lawyer told us our Bluegreen deeds are worthless and not really deeds in the traditional sense.

Florida Timeshare attorney Mike Finn of the Finn Law Group settled a class action with Bluegreen and credit reporting agencies, forcing Bluegreen to not report the failure to pay a Bluegreen loan as a foreclosure. Foreclosures are now reported as settled for less.

https://www.businesswire.com/news/home/20151222006023/en/Finn-Law-Group-Settles-Consumer-Class-Action

The third time we purchased Bluegreen points was at The Fountains in Orlando August 24, 2014. We were again told it was mandatory to attend an update. It lasted 10 AM to 7 PM. We were told that because we were such loyal Bluegreen customers, they were giving us a special price on all additional Bluegreen investments. We were told Bluegreen points are an investment. They said we would own a coveted property in Dennisport, Massachusetts. After hours of repeated “no”, and multiple sales agents offering additional perks, we purchased once again. All the documents said Bluegreen, but when we received our first bill, it was with a completely different company and had a higher interest rate.   

We purchased 10,000 annual points upgrading to Silver

Purchase price $15,000

Amount financed $13,425

At every sales meeting, we were told it would be easy to refinance a Bluegreen loan and we were also told that we could sell points back to Bluegreen. Every sales person that we dealt with at Tradewinds and The Fountains in Orlando had an almost identical sales script. All sales presentations lasted five hours or longer, with increasingly aggressive sales agents and managers.

Bluegreen’s decision not to grant a refund or cancel our contracts was based on our using the timeshare that we paid for and because we have owned it for so long. We have paid $30,000 for Bluegreen points. Supervisor Autumn Felcher stated she could provide evidence of our deeds. On April 12, 2018 she produced three documents she stated were property deeds. After a review by a lawyer, I was advised that these were NOT real property deeds. I quote, “Resort Title clearly identifies the interest as beneficial interest in the trust. The Cibola deed transfers the interest via a deed but not to you, but to the trust. The Sounding deed does the same. I stand by my earlier opinion that you folks are not deed holders.” Thus, Bluegreen again made untrue statements. In my opinion Bluegreen’s intentions are not to support the customer, whether it is in a response to the BBB, an Attorney General, the Federal Trade Commission, or the FBI.

The following are self-help groups for timeshare members. This is our attempt to warn the public: Don’t believe anything a timeshare sales agent says!

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

Thank you Robin and once again thanks to Irene Parker for her editing, again this is a story that Inside Timeshare is very used to hearing, it goes well with today’s lead about Claim Your Claim.

The timeshare industry is full of rogues, from the timeshare developers right down to the scam companies the industry is responsible for developing. The only way to stay safe and keep your money is to check and check and check again, DO YOUR HOMEWORK!

So Friday is here, the weekend beckons, time to relax and enjoy the company of friends, have a good one and we will see you next week with more stories of “A Nightmare on Timeshare Street”.

Friday’s Letter from America

Welcome to the Easter edition of Friday’s Letter from America, by Joshua Parker, Sheila Brust and Richard Sokolowski, edited by Irene Parker.

Just as we were getting this ready to publish, Josh has been informed by the Florida Timeshare Division, they will be initiating a new investigation into his complaint. Josh and Nicole’s first complaint that they were told their Diamond points are an investment and easily sold, had been closed. They are now expecting twins and cannot afford the timeshare, Josh is a combat veteran who has seen service in Iraq. So at least some good news before we start.

Normally we have a roundup of news from Europe, but that was published yesterday, so straight on with our Letter from America.

Timeshare is a Highly Regulated Product?

Earth to ARDA Part II

Another Open Letter to ARDA CEO Howard Nusbaum

Robert Clements, Lobbyist and General Counsel

Peter Roth, ARDA media

By Joshua Parker, Sheilah Brust and Richard Sokolowski

March 30, 2018  

consumer1

From: American Resort Development Association’s Code of Ethics:

According to ARDA’s website – “Vacation Ownership is one of the most highly regulated vacation products in today’s consumer marketplace.”  

Diamond Resort members Sheilah Brust, Joshua Parker, and Richard Sokolowski have learned there is no timeshare regulation and there is no timeshare enforcement for us. We have been filing complaints with every regulatory agency known to an American citizen and all we get is a passing of the buck to another department or agency. In addition, we have been given some ludicrous advice from regulators that are clearly out of touch with timeshare consumer reality.

Sadly, we agree with Eron and Irene. We think ARDA’s Code of Ethics is meaningless. Like Eron and Irene, we are professionals.

Sheilah Brust: Worked for the New York Governor’s Office of Employee Relations

My experience speaking with an FBI agent and what I learned about the process    

http://insidetimeshare.com/tuesday-slot-irene-14/

Josh Parker: Army combat veteran, Sergeant

http://insidetimeshare.com/fridays-letter-america-41/

https://www.youtube.com/watch?v=ezkJ7GlJN4U&feature=youtu.be

Richard Sokolowski: Arizona Real Estate

Earth to ARDA by Eron Grant and Irene Parker – Part I

http://insidetimeshare.com/fridays-letter-america-40/

Eron’s YouTube https://www.youtube.com/watch?v=-FMk_45zRzk&feature=youtu.be

Sheilah Brust: So far the only light on the horizon is the FBI. Through Social Media members are talking to other members. No one doubts there are those who use and enjoy their Diamond points. I enjoyed my Diamond points as a Platinum member until we were pitched a program that does not exist. We weren’t confused. The numbers were easy to understand. Gad and Noreen Liebmann are enjoying their retirement by protesting outside Diamond’s Daytona Beach Regency Resort. We were both up-sold by the same Diamond sales agent, Brad Leslie, the same program that does not exist, and still Diamond will not listen.

Protest

According to Facebook postings, the FBI has been responsive and agrees our allegations constitute fraud – deceit, concealment, violation of trust, bait and switch. In our opinion, Diamond, in effect, endorses and approves of these tactics by maintaining the position the customer is always wrong. Hospitality agents from the Diamond Resorts Consumer Advocacy Department automatically respond, “Sorry you signed a contract” and the emailing of your initials on fine print rewards bad behavior with a commission check.  

Josh: I was advised by Hector Tapininge at the Florida Department of Business Practice and Regulation DBPR to call a member of the Licensed Timeshare Resale Broker Association.

http://www.licensedtimeshareresalebrokers.org/

Like Sheilah, I learned licensed timeshare resale agents won’t even accept a Diamond listing feeling the resale market for Diamond points is non-existent. I almost signed up with a scam until finding our Advocacy Facebook.

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

When I informed my reviewer that licensed resale brokers won’t accept a Diamond listing; he said he was aware of this. In other words, send the consumer on a wild goose chase that often leads Diamond members into the nets of scams.

How many timeshare buyers knew they were buying a lifelong timeshare product that could not be sold? As a veteran, I can tell you no service member would ever buy an unsellable asset. The Diamond contract states you can sell your points. Since you are dealing with a licensed real estate agent, it is logical to assume the timeshare can be sold, especially since we were told Diamond points are an investment.

Given so little enforcement and regulation, our mission is to reach the general public to make sure they know they are spending thousands of dollars, signing a perpetual contract, with rising maintenances fees and no secondary market.

Veterans, Active Duty military and law enforcement and government workers are encouraged to support Whistleblowers of America, a nonprofit in Washington DC that seeks justice.

https://whistleblowersofamerica.org/

Sheilah: I was contacted by Mr. Alan Parkinson, Bureau Chief for the Bureau of Mediation & Enforcement, Division of Consumer Services.

Mr. Parkinson recommended I contact DBPR, the same Florida Department of Business Practices and Regulation Josh contacted. We saw how much good that did with the response Josh received. I will follow up and we will all continue to report on our progress or lack of. I too spoke with licensed resale brokers. I was told even timeshare companies that do allow a secondary market; the net to the consumer is often negative after commission. I was told I could list a deeded week I own, but it would end up costing me money to get rid of it. Consumers defrauded, are left with a perpetual contract, rising maintenance fees and no secondary market. It’s a recipe for disaster.

Richard Sokolowski: I tried to file a complaint against Diamond Resorts with the Nevada Attorney General’s office. They won’t do anything if I did not buy from a Nevada sales agent. I can’t believe a consumer complaint can’t be filed against a company headquartered in Nevada.

I was also told to contact an attorney. Diamond is the only major timeshare with a class action ban, forcing arbitration. Arbitration is known to be pro-industry. Diamond hires the arbitrator. If the arbitrator rules against the member, the member can be ordered to pay Diamond’s legal fees; and that amount can be higher than the disputed amount. Besides, Diamond has armies of lawyers and outside law firms. They can outspend the average citizen. I’ve talked to lawyers. Getting a lawyer will do nothing to stop predatory and criminal business practices.

Sheilah: According to Josh, this response from the Florida Bureau of Mediation & Enforcement is useless.

Ms. Brust,

By way of introduction, my name is Alan Parkinson and I am the Bureau Chief for the Bureau of Mediation & Enforcement, Division of Consumer Services.  I have received your concerns and would like to take a minute to respond.

The Florida Department of Business and Professional Regulation has a Timeshare and Condominium division that can likely address many of your concerns regarding the sales practices and issues you have with Diamond Resorts.  If your issue is with the purchase and contract for the timeshare, they would be the appropriate agency to speak with. You can contact them through the link below:

http://www.myfloridalicense.com/dbpr/  

 

If your issue is outside of those parameters then you may consider filing a complaint with us so that we can reach out to them and asked that they address your concerns.

www.floridaconsumerhelp.com  

If you any questions please feel free to contact me directly.

Alan Parkinson

Comment from Irene

The Florida timeshare division only acted on 110 out of 2,360 timeshare complaints filed from April 2012 to April 2014, in contrast with the Arizona Attorney General’s office that opened an investigation after receiving 400 DRI complaints and, according to a source, received 500 additional complaints after the press release. The AZ AG has issued an Assurance of Discontinuance, accusing the company of violating the Arizona Consumer Fraud Act. Diamond did not admit wrongdoing.

From Eron’s March 9 article:

Inside Timeshare will be following Platinum Diamond members Roy and Lillian Simmons as they make their way through Vacation Ownership’s highly regulated industry. Mr. and Mrs. Simmons are worried about losing their home, up-sold at age 69 and 70 to $2,700 a month in timeshare loan payments. They live on Mr. Simmons letter carrier pension.   

Roy and Teresa Mori, Mr. Mori a recipient of two Purple Hearts, remains devastated. Based on the response daughter Teresa Laird reported to us from a hospitality agent working for Diamond Resorts Consumer Advocacy Department, the company doesn’t care if sales agents have allegedly ruined their lives. “Sorry, you signed a contract” after being sold 17,000 MORE points over the phone by a Las Vegas company representative after daughter Teresa called to explain the Sampler or trial product should be cancelled. In the middle of her archeology thesis, she is making signs to protest outside Diamond’s Polo Towers.  

In response to a draft sent for comment, Josh received this response from DBPR:

Josh’s responses to Ahmed Y. Kassoo  are in bold

Thank you for contacting the division regarding your concerns. Please note that the division is not authorized to comment on or give its opinion of or approve any articles written by any individual which he or she intends to publish in any form including at various websites or in other publications.

I understand.

Since the division does not regulate the operations of real estate brokers, we are not aware of their criteria with regards to offering real estate listing and marketing services.  As a courtesy and for information purposes only, we provide the web site information of licensed real estate brokers (LTRBA) who specialize in selling timeshare interests and vacation club membership in Florida.  We neither recommend nor endorse a particular broker.

I understand, but why is nothing done about Diamond sales agents allegedly selling vacation points as an investment, yet the points are worthless the moment the contract is signed, should the buyer need to sell. LTRBA members will accept a listing for any major timeshare EXCEPT Diamond Resort, so not only is there no resale value when they are selling the points as an investment, they are the only major timeshare company that can’t be listed with them. Our Diamond Advocacy Facebook of over 1,100 members is flooded with similar complaints, the BBB has over 1,000 complaints and the AZ AG received over 900 complaints, yet the Florida AG timeshare division sends you to LTRBA? Can you see how frustrating this is? Not only is there no regulation or enforcement, Diamond victims are sent on a wild goose chase.     

Please note that it is always safe to employ a licensed real estate broker who are prohibited from collecting advance fee for listing the timeshare for rent or sale, except when permitted by law, and who are strictly regulated by the state.

What does this have to do with Diamond members if the LTRBA members won’t list their points? They feel Diamond has restricted the use of points purchased on the secondary market to the point it does not exist; it’s a hamster wheel 1. Lie to sell 2. Force foreclosure (I know of over 30 active duty and retired military and law enforcement alleging they were defrauded by Diamond, Bluegreen and Vacation Village, seven are concerned they are going to lose their Security Clearance, one lost his air unit command) 3. Take back the points 4. Resell to the next victim. With so little enforcement or regulation, there is nothing to stop timeshare sales agents from using and abusing the oral representation clause.    

If they cannot help the owners, they will let them know upfront and will not waste their time and money to advertise their properties which they know are not marketable. They will not give a false hope unless they are sure they can sell the timeshare.  Despite your statement that “resale market is nonexistent”, please note that timeshare interests do sell in the secondary market, however, buyers are selective and only buy those timeshares which they consider to be in high demand at choice locations. Therefore, it is not true that the timeshare resale market is non-existent.  If it was, these brokers won’t be able to survive.

One of them told Shielah they survive because they get paid a commission even when the seller ends up with a net loss. We don’t hold that against them, but that’s how they survive.  

An owner is free to select any entity to market his/her timeshare interest or club membership.  However, based on the history of complaints we have received, we have learned that many owners have been burned by the individual and entities who take their money and run without providing the promised services based on false and misleading claims.

Exactly, I rest my case. The industry is the cause of the scams because desperate consumers who feel, know, they were defrauded, are easy prey for professional liars.  

I hope this information was helpful

No, I’m sorry. It was of no help. It is my opinion the reason there is so little enforcement and regulation is because Florida Attorney General Pam Bondi is influenced by the timeshare PAC ARDA. I will be researching through FOIA how much money she has received in campaign contributions and other means.    

https://www.nytimes.com/2014/10/29/us/lobbyists-bearing-gifts-pursue-attorneys-general.html

If you have any other question or concern, feel free to contact us at your convenience. Thank you for giving us an opportunity to address your concerns.

Thank you. I would like to speak with you. My wife and I have been defrauded. I am a combat veteran, 90% disabled. My wife is pregnant with twins. We bought this because we were told it was an investment and that the points could be easily sold. I know many other members who would appreciate your help, like Eron, Sheila Richard and Gad mentioned in the article.

How many consumers need to contact DBPR to convince DBPR some timeshare sales agents in Florida are engaging in criminal practices?  Irene said Bluegreen has as many complaints as Diamond, but they have their own Advocacy Facebook.

Josh Parker

If you are having a timeshare nightmare, contact our Facebook or one of the non-industry influenced, self-help Facebooks and website listed below.

star

https://www.facebook.com/timeshareadvocategroup/

https://tug2.com/Home.aspx

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

Thank you to all our contributors and we hope we see more positive results in the weeks ahead. If you would like to share your story with others, contact Inside Timeshare.

We wish you all a very Happy Easter and don’t eat all the eggs in one go!

easter egg

Friday’s Letter from America

Welcome once again to Friday’s Letter from America, this week is Earth to ARDA, it is an open letter to Mr. Clements, Mr. Nusbaum and Mr. Roth, it is jointly written article by Eron Grant and Irene Parker. Inside Timeshare can also report that the US team have had three resolutions this week. Diamond  is Listening. So well done all the US volunteers.

justice2

This week has been a rather busy one for the courts in Spain, with three sentences from the Courts of First Instance, two from the High Courts and ruling number 90 from the Spanish Supreme Court.

Anfi have had three judgements against them this week two at the Court of First Instance and one at the High Court. In the first two, Court Number 3 at Maspalomas, GC found for the clients, declaring their contract with Anfi null and void. This case was highlighted in the Tuesday Slot with Irene on 6 March.

The second case, held at Court Number 4, again in Maspalomas, another Anfi member had their contract declared null and void. Ordering the return of over £15,000 plus legal interest.

In the High Court Number 5 in Las Palmas, the judge again declared an Anfi contract null and void, with the return of over £14,000 plus appeal legal fees and interest.

In the same court another timeshare company Airtours has had one of their contracts declared null and void, with the judge ordering the return of over 12,000€ plus legal interest.

At the Court of First Instance Number 4 in Fuengirola on the Costa del Sol, Club la Costa has been ordered to return over £19,000 including legal fees and legal interest. The contract was also declared null and void.

In the Spanish Supreme Court in Madrid, another historic ruling, bringing the total number made by the Highest Court to a whopping 90!

This was against the Tenerife operation Silverpoint, again the contract was declared null and void with the return of over £10,000 plus legal fees and interest. There will be full article on this and another Supreme Court ruling next week, so keep an eye on these pages.

All these case have been brought on behalf of the clients by the Arguineguin law firm Canarian Legal Alliance, no doubt the clients and the lawyers will be celebrating this weekend.

cla-brochure

In other news, we had an enquiry into another company contacting Club Class members, this call was from a Madeline Swann of Gateway Services, apparently based in Telford. In the call she is telling the client that there is a payment due from the banks for being mis-sold his Club Class membership. All he needs to do is pay a certain amount by bank transfer to a Santander account to have the money released.

Haven’t we heard this one before?

On searching for this supposed company nothing came up, no company house records, nothing. So if you get a call from this Madeline Swann or anyone else saying they are from Gateway Service, do let us know. Remember, there will not be any money waiting for you from the banks or the courts.

Now for this weeks Letter from America.

Protest photo

This photo was posted on a Diamond sponsored member Facebook page, but removed. If you see these members at a resort near you, please send them to:

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

Earth to ARDA: WE GIVE – ARDA ROC – A MILLION DOLLARS A YEAR. BLUEGREEN DOES TOO

TO: Robert Clements, Lobbyist and General Counsel, Regulatory Affairs,

Howard Nusbaum, ARDA CEO,

Peter Roth, media contact

From: American Resort Development Association‘s Code of Ethics:

According to ARDA’s website – “Vacation Ownership is one of the most highly regulated vacation products in today’s consumer marketplace.”

Inside Timeshare will be following Platinum Diamond members Roy and Lillian Simmons as they make their way through Vacation Ownership’s highly regulated industry. Mr. and Mrs. Simmons are worried about losing their home, up-sold at age 69 and 70 to $2,700 a month in timeshare loan payments. They are one of 23 Diamond Platinum members alleging they were fraudulently up-sold into financial disaster. Roy and Lillian Simmons first submitted their demands to Diamond’s Consumer Advocacy Department on January 8. Tuesday’s article describes what happened:

http://insidetimeshare.com/tuesday-slot-irene-13/

Next, they filed a complaint with the Better Business Bureau the end of February. The BBB closed their complaint in two days because a Diamond Hospitality agent from the Diamond Consumer Advocacy Department responded, “They signed a contract.” As Mr. Simmons describes on the YouTube, they were told Diamond shares were going to go up and split and they could make $3,000 to $4,000 a week renting Hawaii points because Hawaii points are so valuable. Mrs. Simmons is too devastated to have taken part in the YouTube production. Fortunately, Mr. and Mrs. Simmons have a daughter. On March 6, their daughter Angela filed a complaint with the FBI at IC3.gov against three Diamond sales agents, one in Hawaii and two in Orlando. She also filed a complaint with the FTC. Today she will refile a complaint with the BBB again asking, “What?”

You can file a complaint with the weakened Consumer Financial Protection Bureau, but since companies like Diamond and Bluegreen service the timeshare loan, members don’t even know the name of the lender unless the borrower has a lower credit score. Quorum Credit Union handles the lower score people. You have to select a lender from the CFPB drop-down menu. Timeshare companies are not an option.

Onward with complaints, they will file with the Florida, Hawaii, Minnesota and Nevada Attorneys General. The Florida Timeshare Division only acted on 110 out of 2,360 timeshare complaints from April 2012 to April 2014. Then there’s the state real estate division in Florida and Hawaii against Diamond’s Hawaii sales agent John Jessup and Florida sales agent Rafael Carerra.

If Diamond won’t help them, it’s possible the Simmons will lose not only their vacation points, but also their home, according to their daughter Angela. Angela said the $2,700 a month Diamond loan is a significant portion of their retirement income. It’s doubtful any of the filings will have an effect. Angela is surprised all of this is like a ten hour a week part time job.

Like Kevin and Brenda Hopkins, the Simmons are supported by Whistleblowers of America, an organization dedicated to seeking justice for military and government workers.

https://whistleblowersofamerica.org/

Kevin and Brenda Hopkins describe their extraordinary sales pitch:

http://insidetimeshare.com/fridays-letter-america-39/

Some Peasants Revolt

By Eron Grant and Irene Parker

Friday March 9, 2018

meeting in office

Mr. Clements, Mr. Nusbaum and Mr. Roth,

We are educated professionals, two among thousands demanding accountability, transparency and respect. Two of 44 Timeshare Advocacy Group™ advocates who have listened to 326 Diamond members allege predatory sales tactics that has caused financial disaster for hundreds of families, the possible loss of Military Security Clearances, ruined vacations, ruined honeymoons, damaged credit reports, members alleging they were over promised and oversold on availability, the ability to sell points, pay maintenance fees with programs that do not exist, the ability to rent points and the ability to lower interest rates, as in the case of Active Duty Navy members Amanda and George Jones. http://insidetimeshare.com/tuesday-slot-irene-3/

Lawmakers are beginning to listen, a few Attorneys Generals are listening (not Florida or Nevada), regulators are listening, and the FBI is listening. ARDA is not listening.     

Sure, there are 9 million happy timeshare owners who own and enjoy their timeshare. They might not have been affected by a life crisis, only to learn their timeshare has no secondary market, or been sold or up-sold by a deceitful bait and switch. By your own accounting, 83% of timeshare owners are happy. That leaves 1,530,000 members that are not happy. Over 900 Diamond members complained to the Arizona Attorney General’s office accusing Diamond and their sales agents of violating Arizona’s Consumer Fraud Act. Complaints to our Advocacy Group have not diminished since Arizona Mark Brnovich issued an Assurance of Discontinuance. The AOD is linked at the bottom of the press release.

https://www.azag.gov/press-release/attorney-general-brnovich-announces-800000-settlement-diamond-resorts

Early complainers consisted of over 1,000 British Diamond members crying foul.

DRIP Enjin: http://drip.enjin.com/

Our Diamond Resorts Owners Advocacy Facebook launched by an economics professor has over 1,000 members. It’s hard to find Disney Vacation Club complaints.  https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

Here’s what happened to Mark and Eron   

YouTube produced by Doctor and Ms. Mark Grant

Our Timeshare Nightmare of a Lifetime

https://www.youtube.com/watch?v=-FMk_45zRzk&feature=youtu.be

My husband Mark and I have kids. We are working professionals. We said we need to travel close to home. Our Diamond sales agents said, “No problem!” Grapevine, Texas Great Wolf Lodge sounded great! It was a bait and switch….

Most people don’t pull their kids out of school to take them to Great Wolf Lodge, so we searched Friday to Monday three nights:

April 6 – 9 Family Suite (6)

19,700 DRI points required @ $.22.5 maintenance fee $ = $4,432 for three nights.

As opposed to Booking.com April 6 – 9 Family Suite

 $819.97

101.67 ($33.89 per night service fee)

106.59 (13% tax)

$1,028.23 for three nights

This is not an ARDA’s Code of Ethics concern? I ask again:    

red dress

What ARDA Code of Ethics?

The ARDA Code of Ethics was designed to encourage an honest and fair competitive landscape for the vacation ownership industry, while upholding the highest forms of integrity, dignity and propriety.

Let’s review this Code. I actually read it.

Code of Ethics: Frequently Asked Questions

Question:  Why does ARDA have a Code of Ethics?

Answer:  ARDA and its members are committed to the highest standards and ethical behavior in vacation ownership. To demonstrate that commitment, all ARDA members as a condition of membership must agree to comply with the ARDA Code of Ethics. The Code consists of not only general conduct requirements, but also specific requirements for members to adhere to when transacting with consumers, standards for disclosure of information to the public, rules regarding resort management, base guidelines for resale activities, as well as administrative procedures for interpretation and enforcement of the Code.

Note from Eron and Irene: Diamond points have no resale activity. We think this is something a consumer might like to know before signing a perpetual contract.

Question:

What can be done to a (an ARDA) member whose actions are in violation of the Code?

Answer:  If a member is determined to be in violation of the Code (of Ethics), ARDA may take the following actions:

  • Privately or Publicly Admonish the Member
  • Prepare a Letter of Censure
  • Place the Member on Probation
  • Suspend the Member from ARDA Membership
  • Terminate the Member from ARDA Membership

Note from Eron: In addition to Diamond members giving ARDA ROC a million dollars a year, Diamond President Ken Siegel sits on ARDA’s Board of Directors. Diamond members are billed $7 for a “voluntary opt-out” donation from members who in all likelihood cannot even tell you what ARDA ROC stands for. I know I had no clue what the letters ARDA ROC stand for.    

Question:  Who do I contact if I have questions about the Code?

Answer: After reviewing the provisions of the ARDA Ethics Code, if you have questions, please call 407-245-7601 and ask to speak to the ARDA Ethics Administrator, or e-mail [email protected].

Note from Eron: After waiting 4 months for a response from Julie Schwartz (not Lobbyist and General Counsel Robert Clements because he would not take my call), I’m not feeling optimistic about making a phone call to ARDA’s Ethics Administrator. The fact you have to email customer service is not a good sign.

Note from Advocate Irene: I have sent ARDA about 100 of our most grievous complaints from Diamond Resorts members, seniors in fear of losing their home, military members in fear of losing their Security Clearance, alleging they were victims of fraud for profit. Not a word other than through the timeshare grapevine, “She’s writing articles for people.” No I’m not. I edit articles submitted to Inside Timeshare.

Inside Timeshare has received 340 reader complaints, 78 since January 1. Our Diamond Advocacy Facebook page has over 1,000 members, Bluegreen members’ Facebook 800 (they are trying to keep their membership below 800).

Question: Does ARDA support the consumer?

In our opinion, only when the issue at stake is in line with developer’s wishes. One Advocacy Group banned ARDA from attending their meetings after a 2015 Florida bill was passed making it more difficult to get out of timeshare contracts due to nonmaterial errors.  

https://www.redweek.com/resources/ask-redweek/arda-roc-donation-in-maintenance-bill

If the wishes diverge, lobby dollars go to work:

https://www.nytimes.com/2014/10/29/us/lobbyists-bearing-gifts-pursue-attorneys-general.html

Question:  What does ARDA do with the information it receives from the general public regarding the potentially unethical conduct of its members?

Note from Eron: Nothing – My non-response from Julie Schwartz, ARDA-ROC Consumer Support representative serves as an example:

Answer:  ARDA does not mediate or arbitrate individual disputes between consumers and ARDA member companies. When we receive information regarding a potential violation of the Code we forward those complaints to the company for their consideration and resolution.

Note from Eron:  Who sits on your board and gives you a million dollars a year.

It is then up to the respective parties to resolve any potential dispute. Information submitted by the public may be used by ARDA to act against members when there is a consistent pattern of business practices that are in violation of the code.

Note from Eron: What about the 900 Diamond members who complained to the Arizona Attorney General? Better Business Bureau lists over 1,000 complaints.

Don and Irene Parker’s Diamond experience:

Like Eron, we purchased points for a specific location, New York City. Our daughter lives there. Like Eron, we learned it would cost approximately $8,500 in  Diamond maintenance fee dollars to stay one week at the same hotel, same time for $950 through an online booking service. I checked year round.

Next, we attended a predatory sales presentation at Diamond’s Grand Beach in Orlando. I spent three decades in sales selling everything from pianos to stocks and bonds. I know a predatory sales agent when I meet one. Thoroughly disgusted, we went back to our room at Mystic Dunes, turned on the television, and saw the Queen of Versailles, a FOX News Property Man segment about Jackie and David Siegel, the owners of Westgate timeshare building their 90,000 square foot home. We were in the process of moving from Kentucky to Venice Florida, so it just seemed natural to write an article called “The peasant of Venice and the Queen of Versailles” describing wealth out of touch with reality.

http://insidetimeshare.com/peasant-venice-queen-versailles/

One true benefit of owning Diamond points has been developing relationships with other professionals, over 1,000 of us, who have bonded together like a band of brothers and sisters, to fight widespread timeshare corruption we feel is so ingrained in the timeshare industry, it is accepted and considered normal, kind of like #metoo or sexual abuse, as happened at Michigan State. Look how long that went on.

At least timeshare members are finding each other now, no longer silenced and isolated. When timeshare members need a voice, they can contact Inside Timeshare. We can help.

We seek to provide timeshare members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

 

If you need any information about this or any other article, company that contacts you or you have found on the internet or advertising in the press, then contact Inside Timeshare and we will point you in the right direction.

It pays to do your homework and due diligence before engaging with any company, not all are what the say.

Have a great weekend and join us next week.

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